Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
211.170(1), (2),
212.170(4),
212.870,
Chapter 337, 29 C.F.R. Part
825, 29 U.S.C. Chapter 8, 207, 2601,
Pub.L.
103-3
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet.
KRS
211.1755(2) requires the
cabinet to promulgate administrative regulations establishing the policies and
procedures of the local health department personnel program.
KRS
211.1755(3)(a)1. requires
the cabinet to promulgate administrative regulations for local health
department personnel leave policies. This administrative regulation establishes
work hours, leave, and compensatory time provisions for employees of local
health departments.
Section 1. Hours
of Work.
(1) The normal work week shall
consist of thirty-seven and one-half (37.5) hours per week.
(a) The appointing authority shall establish
the hours and days of work for the agency or for specific employees.
(b) The work schedule may be changed by the
appointing authority to provide for flexibility in meeting particular work
requirements of the agency or specific employees whose schedules may require
them to work different hours.
(2) Hours worked in excess of the
thirty-seven and one-half (37.5) hours during the established work week shall
be:
(a) Approved by the appointing authority;
and
(b) Subject to compensatory
time and overtime provisions of this administrative regulation.
(3) The standard pay period shall
consist of seventy-five (75) hours.
(4) An appointing authority, with department
approval, may establish a position having special conditions of employment
based on the needs of the agency.
(5) The employee who requests and receives
consideration for special conditions shall acknowledge acceptance of the
special conditions in writing.
Section
2. Earning of Annual Leave.
(1)
Except for a temporary or an emergency employee, a full-time employee shall
earn annual leave credit at the following rate:
Years of Service |
Annual Leave Hours Earned Per Pay Period-Per Year of
Twenty-six (26) Pay Periods |
0 to 5 years |
3.5 hours per pay period-91.0 hours per
year |
5 to 10 years |
4.4 hours per pay period-114.4 hours per
year |
10 to 15 years |
5.2 hours per pay period-135.2 hours per
year |
15 to 20 years |
6.1 hours per pay period-158.6 hours per
year |
20 years or more |
7.0 hours per pay period-182 hours per
year |
(2)
Annual leave for a full-time employee shall not accrue unless the employee has
been in pay status at least thirty-seven and one-half (37.5) hours of the
standard pay period. The employee shall be credited with additional leave
credit upon the first day of the pay period following the pay period in which
the leave was earned.
(3) Except
for a temporary or an emergency employee, a part-time employee, who is
designated as serving on a part-time 100 hour basis and is in pay status at
least twenty-three (23) hours each pay period, shall earn annual leave credit
at the following rate:
Years of Service |
Annual Leave Hours Earned Per Pay Period-Per Year of
Twenty-six (26) Pay Periods |
0 to 5 years |
2.1 hours per pay period-54.6 hours per
year |
5 to 10 years |
2.6 hours per pay period-67.6 hours per
year |
10 to 15 years |
3.1 hours per pay period-80.6 hours per
year |
15 to 20 years |
3.6 hours per pay period-93.6 hours per
year |
20 years or more |
4.2 hours per pay period-109.2 hours per
year |
(4) In
computing years of total service for determining the rate of earning annual
leave for designated part-time 100 hour employees, only the months the employee
was designated as a full-time, part-time 100 hour, or was on educational leave
with pay shall be used.
(5) An
employee who has retired from a position covered by a state retirement system,
is receiving retirement benefits, and returns to an agency, shall not receive
credit for months of service prior to retirement.
(6) An employee who has resigned from one (1)
agency and returns to another agency as an original appointment shall not
receive credit for months of service prior to resignation.
(7) Annual leave shall not accrue unless an
employee is working or on authorized leave with pay. Annual leave shall not
accrue if an employee is on authorized educational leave with pay.
(8) The maximum amount of annual leave earned
by a full-time employee that may be accumulated and carried forward to the next
calendar year shall not exceed the following amounts:
Years of Service |
Maximum Amount of Annual Leave Earned by Full-time
Employees |
0 to 5 years |
225.0 hours |
5 to 10 years |
277.5 hours |
10 to 15 years |
337.5 hours |
15 to 20 years |
390.0 hours |
Over 20 years |
450.0 hours |
(9) The
maximum amount of annual leave for a designated part-time 100 hour employee who
works an average of 100 hours per month that may be accumulated and carried
forward to the next calendar year shall not exceed the following amounts:
Years of Service |
Maximum Amount of Annual Hours Earned by Designated
Part-time 100 Employees |
0 to 5 years |
120 hours | |
5 to 10 years |
148 hours |
10 to 15 years |
180 hours |
15 to 20 years |
208 hours |
Over 20 years |
240 hours |
(10)
Except as provided for in Section 3(8) of this administrative regulation,
annual leave earned in excess of that which is allowed to be accumulated shall
be converted to sick leave and credited during the first pay period following
the end of the calendar year. Annual leave shall not be granted in excess of
that earned.
Section 3.
Use of Annual Leave Credit.
(1) An employee
who has accumulated annual leave credit, upon timely request and subsequent
approval of the supervisor, shall be granted leave subject to the operating
requirements of the agency.
(2) An
employee shall not be charged with annual leave for absence except on a day
upon which they would otherwise work and receive pay.
(3) Absence for a fraction or part of a day
that is chargeable to annual leave shall be charged in fifteen (15) minute
periods.
(4) An employee shall be
paid a lump sum for accumulated annual leave, not to exceed the maximum amounts
established in Section 2 of this administrative regulation, if separated by
proper resignation, layoff, retirement, or change from full-time or part-time
100 hour to part-time. Following payment of annual leave, leave remaining after
the payment of the maximum provided in Section 2 of this administrative
regulation shall be removed from the balance.
(5) Upon the death of an employee, the
employee's estate shall be entitled to be paid for the unused portion of the
employee's accumulated annual leave.
(6) Annual leave shall not be advanced or
taken until it is earned.
(7) An
absence due to sickness, injury, or disability in excess of accumulated sick
leave, may be charged against annual leave if approved by the appointing
authority.
(8) An employee who has
accumulated annual leave in excess of 275 hours may request payment of an
amount of annual leave not to exceed seventy-five (75) hours during the fiscal
year of the agency. The requested annual leave payment, if approved by the
appointing authority, shall not reduce the employee's balance of annual leave
below 275 hours and shall be paid in a manner convenient to the
agency.
(9) An appointing authority
may require an employee who has a balance of compensatory leave hours to use
compensatory leave before the employee's request to use annual leave balance is
granted, unless the employee's annual leave balance will exceed the maximum
number of hours that may be carried forward pursuant to Section 2(8) and (9) of
this administrative regulation.
Section 4. Earning of Sick Leave.
(1) A full-time employee, except for an
emergency employee, shall earn sick leave at the rate of three and one-half
(3.5) hours per pay period.
(a) An employee
shall have worked or been in pay status for at least thirty-seven and one-half
(37.5) hours of the seventy-five (75) standard hours in each pay period in
order to accumulate sick leave.
(b)
The employee shall be credited with sick leave upon the first day of the pay
period following the pay period in which the leave was earned.
(2) An employee designated as a
part-time 100 hour employee, except for an emergency employee, who is in pay
status at least twenty-three (23) hours in a pay period shall earn sick leave
at the rate of two and one-tenth (2.1) hours per pay period. A part-time 100
hour employee shall be credited with additional sick leave upon the first day
of the pay period following the pay period in which the leave was
earned.
(3) A full-time employee
completing ten (10) years of total service in full-time status with an agency
shall be credited with seventy-five (75) additional hours of sick
leave.
(4) An employee designated
as a part-time 100 hour employee completing ten (10) years of total service in
a part-time 100 status with an agency shall be credited with forty-five (45)
additional hours of sick leave.
(5)
A full-time employee completing 240 months of total service in a full-time
status with one (1) or more agencies shall be credited with an additional
seventy-five (75) hours of sick leave.
(6) An employee designated as a part-time 100
hour employee completing 240 months of total service in a part-time 100 status
with one (1) or more agencies shall be credited with forty-five (45) additional
hours of sick leave.
Section
5. Uses of Sick Leave Credit.
(1)
The appointing authority, upon proper request, may grant sick leave with pay to
a full-time or designated part-time 100 hour employee with sufficient leave
credit, if the employee:
(a) Receives medical,
psychiatric, dental, or optical examination or treatment;
(b) Is disabled by sickness or
injury;
(c) Is required to provide
care for a sick or injured spouse, child, step-child, parent, step-parent,
brother, step-brother, sister, step-sister, grandparent, step-grandparent,
grandchild, step-grandchild, mother- or father-in-law, or daughter- or
son-in-law;
(d) Would jeopardize
the health of others at his or her workstation post because of exposure to a
contagious disease;
(e) Has lost by
death a spouse, child, step-child, parent, step-parent, brother, step-brother,
sister, step-sister, grandparent, step-grandparent, grandchild,
step-grandchild, mother- or father-in-law, or daughter- or son-in-law;
or
(f) Is required to take the
employee's spouse, child, step-child, parent, step-parent, brother,
stepbrother, sister, step sister, grandparent, step-grandparent, grandchild,
step-grandchild, mother- or father-in-law, or daughter- or son-in-law for
medical, psychiatric, dental, or optical examination or treatment.
(2) Accumulated sick leave may be
granted for death in the employee's family, as described in subsection (1) of
this section, and shall be limited to three (3) days or a reasonable extension
at the discretion of the appointing authority.
(3) An employee shall file a written request
for sick leave with or without pay within a reasonable time. An employee shall
request advance approval for sick leave for medical, dental, or optical
examination and for sick leave without pay.
(4) Except for an unexpected absence from
work because of an illness, the employee shall notify the employee's supervisor
or other designated person in advance. Failure to do so in a reasonable time
period may be cause for denial of the sick leave for the period of absence or
for disciplinary action.
(5)
(a) An appointing authority may, for good
cause and on notice, require an employee to supply supporting evidence in order
to receive sick leave for the days or hours sick leave is requested.
(b) A medical certificate may be required
signed by a licensed practitioner and certifying to the incapacity,
examination, and treatment during the time for which sick leave was
taken.
(c) An appointing authority
may grant sick leave if the application is supported by acceptable evidence,
but may require confirmation if there is reasonable cause to question the
authenticity of the certificate or its contents.
(6) If an employee requests leave in excess
of five (5) working days, a statement from the employees' licensed practitioner
shall accompany the request for leave. The statement shall contain:
(a) The licensed practitioner's judgment that
the employee is incapable of performing the essential duties of the
job;
(b) Estimate of the length of
time that the employee's illness or disability will last;
(c) Restrictions that render the employee
incapable of performing the essential duties of the job; and
(d) Recommendation for special considerations
to accommodate the employee once released to return to work.
(7) An appointing authority may
place an employee on sick leave with or without pay, if:
(a) The employee's health might jeopardize
others;
(b) The employee's health
prevents performance of job duties and responsibilities;
(c) The employee fails to produce a
satisfactory medical certificate upon request; or
(d) The employee exhibits behavior that
disrupts the agency's ability to function in providing services or that might
endanger the employee or others.
(8) Absence for a fraction or part of a day
that is chargeable to sick leave shall be charged in fifteen (15) minute
periods.
(9) An employee who is
transferred or otherwise changed from one (1) agency to another shall retain
accumulated sick leave in the receiving agency.
(10) A former employee who is reinstated or
reemployed shall have his or her previous rate of earning annual leave and
unused sick leave balances reinstated upon successful completion of probation,
if applicable.
(11) Sick leave may
be utilized in cases of absence due to illness or injury for which workers'
compensation income benefits are received for lost time to the extent of the
differences between these benefits and the employee's regular salary.
Section 6. Family and Medical
Leave.
(1) An appointing authority shall
comply with the requirements of the Family and Medical Leave Act (FMLA) of
1993,
29 U.S.C.
2601 et seq.,
Pub.L.
103-3, and the federal regulations implementing
the Act, 29 C.F.R. Part
825.
(2) An employee shall qualify for twelve (12)
weeks of unpaid family and medical leave if the employee has:
(a) Completed twelve (12) months of service;
and
(b) Worked at least 1,250 hours
in the twelve (12) months immediately preceding the first day of family and
medical leave.
(3) An
employee shall be entitled to a maximum of twelve (12) weeks of unpaid family
and medical leave for the birth, placement, or adoption of the employee's
child.
(4) While an employee is on
unpaid family and medical leave, the employer contribution for health and life
insurance shall be maintained by the employer.
(5) An employee shall use accrued paid leave
concurrently with FMLA leave, except an employee may reserve up to ten (10)
days of accumulated sick leave while on FMLA leave. If an employee reserves
accumulated sick leave, the remaining FMLA leave will be unpaid.
Section 7. Maternity Leave.
(1) The appointing authority shall grant a
maternity leave of absence to an employee because of pregnancy or the adoption
of a child. Maternity leave shall not exceed twelve (12) weeks, unless the
appointing authority approves additional maternity leave. However, the total
leave shall not exceed twenty-six (26) pay periods.
(2) The employee on maternity leave shall use
accumulated sick leave credit if available:
(a) For the period of time medically
necessary to be absent from work as indicated by the certification of a
licensed practitioner; or
(b) For
the period of time for placement of a child for adoption with the employee that
includes:
1. Counseling sessions;
2. To appear in court;
3. Consult with attorneys or doctors
representing the birth parents;
4.
Submit to a physical; or
5. Travel
to complete adoption.
(c)
If sick leave is not available, the employee shall use accumulated annual or
compensatory leave if available.
(d) If leave credit is exhausted, the
employee shall be placed on leave without pay.
(3) Accumulated annual and compensatory time
shall be used for maternity leave that extends beyond the period of absence
that is medically necessary for the employee as certified by the employee's
medical practitioner.
(4) The
employee shall submit a written request for maternity absence, which shall
include a statement from a licensed practitioner indicating the expected date
of delivery.
(a) The request shall be
submitted to the appointing authority as soon as practical to allow for
adjustments in the work schedule during the employee's absence.
(b) Additional information from the
employee's licensed practitioner may be required if there are complications and
the period of absence begins sooner than agreed, extends further than agreed,
or requires the use of maternity leave beyond twelve (12) weeks.
Section 8. Workers'
Compensation.
(1)
(a) The required medical expense for a
service rendered by a hospital or doctor, or for a prescribed medication, shall
be paid subject to approval of the claim.
(b) A percentage of the employee's average
weekly wage shall be paid if the employee is unable to work for an extended
period due to a job-related injury or illness.
(c)
1.
Except as provided in subparagraph 2. of this paragraph, compensation shall not
be payable for the first seven (7) days of disability.
2. If the disability continues over two (2)
weeks, compensation shall be allowed from the first day of
disability.
(2)
The appointing authority shall offer an employee one (1) of the following
options of compensation for an absence due to illness or injury for which
workers' compensation benefits are eligible:
(a) Allow employee to accept the workers'
compensation benefits directly and use accumulated leave in order to maintain
regular full salary; or
(b) Allow
employee to use accumulated leave to maintain regular full salary, or a portion
thereof, and remit the workers compensation benefits to the agency to reinstate
accumulated leave used for the period of time benefits were paid.
(3) The employee shall not receive
and retain the benefit of paid leave and workers' compensation income benefits
that exceeds his or her regular full salary for the same period of
time.
Section 9. Sick
Leave Without Pay.
(1) An appointing authority
may approve sick leave without pay upon appropriate request of an
employee.
(2) An employee shall
have used accumulated annual, sick, and compensatory leave credit prior to
approved leave without pay.
(3) If
an employee approved for leave with pay exhausts accumulated annual, sick, and
compensatory leave credit, the employee shall be placed on sick leave without
pay, if the total absence does not exceed twenty-six (26) pay
periods.
(4) The appointing
authority may require periodic statements from a licensed practitioner during
the sick leave without pay period attesting to the employee's inability to
perform the essential functions of the employee's job duties with or without
reasonable accommodation.
Section
10. Return from Sick Leave With or Without Pay.
(1) At the termination of sick leave with pay
not exceeding thirteen (13) pay periods, the appointing authority shall return
the employee to his or her former position.
(2) At the termination of sick leave with pay
exceeding thirteen (13) pay periods, the appointing authority shall return the
employee to a position for which he or she is qualified and that resembles his
or her former position as closely as circumstances permit. If the employee is
unable to perform the essential functions of the position, and there is no
other vacant position for which the employee qualifies and is able to perform,
the employee may be laid off.
(3)
If an employee on approved sick leave without pay for less than twenty-six (26)
pay periods has given notice of his or her ability to resume his or her duties,
the appointing authority shall return the employee to a position for which he
or she is qualified and that resembles his or her former position as closely as
circumstances permit. If the employee is unable to perform the essential
functions of the position, and there is no other vacant position for which the
employee qualifies and is able to perform, the employee may be laid
off.
(4) An employee shall be
considered to have resigned if the employee:
(a) Has been on continuous sick leave without
pay for twenty-six (26) pay periods;
(b) Has been requested by the appointing
authority in writing to return to work at least ten (10) days prior to the
expiration of sick leave;
(c) Is
unable to return to the employee's former position or to a position for which
the employee is qualified and that resembles the former position as closely as
circumstances permit;
(d) Has been
given priority consideration by the appointing authority for a vacant position
with the agency, for which the employee qualifies and is capable of performing
its essential functions with or without reasonable accommodation; and
(e) The appointing authority has been unable
to place the employee in a vacant position.
Section 11. Sharing of Sick Leave.
(1) An employee of the local health
department who has accrued a sick leave balance of more than seventy-five (75)
hours may, with the approval of the appointing authority, request the transfer
of a specified amount of the employee's sick leave balance in excess of
seventy-five (75) hours to another named status employee of the local health
department who is authorized to receive sick leave.
(2) The appointing authority may approve the
amount of sick leave received under this section if:
(a) The employee or a member of his or her
immediate family suffers from a medically certified illness, injury,
impairment, or physical or psychiatric condition that has caused, or is likely
to cause, the employee to go on leave;
(b) The employee's need for absence and use
of leave are certified by a licensed practitioner; and
(c) The employee has exhausted his or her
accumulated sick leave, annual leave, and compensatory leave
balances.
(3) Leave may
be transferred from an employee of one (1) agency to an employee within the
same agency or may be transferred from an employee of one (1) agency to an
employee of another agency. The agency shall maintain records of leave
transferred between employees and the utilization of transferred
leave.
(4) If an employee is on
leave transferred under this section, he or she shall receive the same
treatment with respect to salary, wages, and employee benefits.
(5) Salary and wage payments made to an
employee while on leave transferred under this section shall be made by the
agency employing the person receiving the leave.
(6) Leave transferred under this section
which remains unused shall be returned, on a prorated basis, to the employees
who transferred the leave if the appointing authority finds that the leave is
no longer needed and will not be needed at a future time in connection with the
illness or injury for which the leave was transferred to an employee in his or
her agency.
(7) An employee shall
not intimidate, threaten, coerce, or attempt to intimidate, threaten, or
coerce, either directly or indirectly, another employee for the purpose of
interfering with the employee's right to voluntarily contribute leave as
authorized under this section.
Section
12. Court Leave. An employee shall be entitled to a leave of
absence, without loss of pay or time, for each day the employee is subpoenaed
by a court to serve as a juror or witness, except in a case where the employee
or a member of the employee's family is a party plaintiff. If relieved from
duty as a juror or witness during normal working hours, the employee shall
return to work. An employee shall retain the fees earned while serving as a
potential juror.
Section 13.
Military Leave.
(1) Upon request, an employee
who is an active member of the United States Army Reserve, the United States
Air Force Reserve, the United States Naval Reserve, the United States Marine
Corps Reserve, the United States Coast Guard Reserve, the United States Public
Health Service Reserve, or the Kentucky National Guard shall be relieved from
duty without the loss of pay or time to serve under orders on training duty for
a period of up to ten (10) working days, not to exceed seventy-five (75) hours
in any one (1) federal fiscal (October 1 to September 30) year. The appointing
authority, before granting military leave, may require a copy of the orders
requiring the attendance of the employee.
(2) The appointing authority shall grant an
employee entering military duty a leave of absence without pay for a period of
active duty not to exceed six (6) years. Accumulated annual leave and
compensatory leave may be paid in lump sum at the request of the employee, upon
being placed on leave.
(3) A
part-time 100 or full-time status employee, who is a spouse or a member of the
U.S. Armed Forces, including a member of a state National Guard or a Reserve
component on federal duty, shall receive one (1) day off, with pay, from work
when the member is deployed and one (1) day off, with pay, from work when the
member returns.
Section
14. Voting Leave. The appointing authority shall allow each
employee four (4) hours paid leave to vote, if requested in advance. The
absence shall not be charged against accumulated leave.
Section 15. Special Leave of Absence.
(1) An appointing authority may grant special
leave for education, training, or for other circumstances.
(2) Leave may be granted for a period not to
exceed twenty-six (26) pay periods.
(3) Leave may be granted without pay if all
other leave has been exhausted.
(4)
Leave for attendance at a college, university, vocational or business school
shall be for training in subjects that:
(a)
Relate to the employee's work; and
(b) Will benefit the agency.
Section 16.
Administrative Leave for Investigative Purposes.
(1) An appointing authority may place an
employee on special leave with pay for investigative purposes pending an
investigation of a work-related incident or an allegation of employee
misconduct.
(2) Leave shall not
exceed thirty (30) working days.
(3) The employee shall be notified in writing
by the appointing authority that he or she is being placed on special leave for
investigative purposes and the reasons for being placed on leave.
(4) If the investigation reveals no
misconduct by the employee:
(a) The employee
shall be made whole for the period of the leave; and
(b) Records relating to the investigation
shall be purged from agency files.
(5) The appointing authority shall notify the
employee, in writing, of the completion of the investigation and the action
taken. Notification shall be made to the employee, whether the employee has
remained with the agency, or has voluntarily resigned during the interim
between being placed on special leave for investigative purposes and the
completion of the investigation.
Section 17. Absence Without Leave.
(1) An employee who is absent from duty
without prior approval shall report the reason for the absence to the
employee's supervisor immediately.
(2) Unauthorized or unreported absence shall:
(a) Be considered absence without
leave;
(b) Be treated as leave
without pay for an employee covered by the provisions of the Fair Labor
Standards Act, 29 U.S.C. Chapter 8; and
(c) Constitute grounds for disciplinary
action.
(3) A deduction
of pay may be made by the appointing authority for each period of
absence.
(4) An employee who has
been absent without leave or notice to the supervisor for more than three
(3) working days shall be considered to have
resigned the employee's position.
Section 18. Holidays.
(1) Agency full-time employees shall be given
a holiday on the following days:
(a) The first
day of January and one (1) extra day;
(b) The third Monday in January;
(c) One-half (1/2) day for Good Friday (3.75
hours);
(d) The last Monday in
May;
(e) The fourth day of
July;
(f) The first Monday in
September;
(g) The 11th day of
November;
(h) The fourth Thursday
in November plus one (1) extra day;
(i) The 25th of December and one (1) extra
day; and
(j) Presidential election
day.
(2) If a day
enumerated in subsection (1) of this section falls on a Saturday, the preceding
Friday shall be observed as the holiday. If the day enumerated falls on a
Sunday, the following Monday shall be observed as the holiday. If an extra day
is provided for, it shall be observed as stated by the department.
(3) A full-time employee shall be in pay
status on the work day prior to the holiday in order to receive the holiday
benefit.
(4) Full-time exempt
employees required to work on a holiday shall accrue compensatory time for the
time worked.
Section 19.
Absences Due to Adverse Weather.
(1) An
employee who chooses not to report to work, or who leaves early, in the event
of adverse weather conditions, shall have the absence:
(a) Charged to annual or compensatory leave;
or
(b) Taken as leave without pay,
if annual and compensatory leave has been exhausted.
(2) An employee who is on prearranged annual,
compensatory, or sick leave shall charge leave as originally requested unless
the agency closes down. Once the agency closes, all employees are paid other
paid leave.
(3) If catastrophic,
life-threatening weather conditions occur, such as that created by hurricane,
tornado, flood, or blizzard, and it becomes necessary for authorities to order
evacuation or shutdown of the place of employment, the following provisions
shall apply:
(a) An employee who is required
to evacuate or who would report to a location that has been shut down shall not
be required to make up the time lost from work during the period officially
declared hazardous to life and safety.
(b) An employee who is required to work in an
emergency situation shall be compensated pursuant to Section 20 of this
administrative regulation.
Section 20. Earning of Compensatory Time.
(1) An employee determined to be exempt under
the provisions of the Fair Labor Standards Act,
29
U.S.C. 207, and Kentucky Wage and Labor Law,
KRS Chapter 337, authorized by the appointing authority to work in excess of
the prescribed thirty-seven and one-half (37.5) hours of duty in one (1) week
shall accumulate compensatory time in fifteen (15) minute periods for excess
time worked on an hour-for-hour basis. The maximum amount of compensatory time
accumulated shall be 200 hours.
(2)
An employee shall have the prior approval of the appointing authority or the
employee's immediate supervisor before compensatory leave may be
earned.
(3) A nonexempt employee
authorized by the appointing authority to work in excess of the prescribed
thirty-seven and one-half (37.5) hours of duty in one (1) week shall be paid at
the employee's current salary for each hour not subject to the provisions of
the Fair Labor Standards Act,
29
U.S.C. 207, and Kentucky Wage and Labor Law,
KRS Chapter 337.
(4) Any time
worked in excess of forty (40) working hours in one (1) week shall be paid
overtime at a rate of one and one-half (1 1/2) for each hour exceeding forty
(40) working hours. Holiday pay and other types of non-working hours paid are
not included in the total number of working hours subject to time and a half
overtime pay.
Section 21.
Using Accumulated Compensatory Time.
(1) An
employee who has accrued compensatory time shall be permitted by the appointing
authority to take compensatory time off if practical and upon proper request by
the employee.
(2) An employee who
has accumulated at least thirty (30) hours of compensatory time may be paid for
the accumulated leave by the appointing authority upon written request. If
payment is approved by the appointing authority, it shall be at the employee's
regular rate of pay and in thirty (30) hour increments.
(3) If an employee has accumulated the
maximum amount of compensatory leave, the appointing authority shall pay the
employee for at least fifty (50) hours of accumulated compensatory leave at the
employee's regular rate of pay and shall reduce the employee's compensatory
leave balance accordingly.
(4) Upon
separation from service or transfer to another agency, unused compensatory time
shall be reimbursed in a lump sum payment to the employee.
(5) Upon the death of an employee, the
employee's estate shall be paid for unused accumulated compensatory
time.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.1755(2),
(3)(a)1